Imatges de pÓgina
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THE

LAW JOURNAL REPORTS

FOR

THE YEAR 1838:

COMPRISING

REPORTS OF CASES

IN THE COURTS OF

Equity, and Bankruptcy, Queen's Bench, Common Pleas,

Exchequer of Pleas, and Exchequer Chamber,

FROM

MICHAELMAS TERM, 1837, TO TRINITY TERM, 1838,

BOTH INCLUSIVE.

Edited by MONTAGU CHAMBERS, Of Lincoln's Inn, Esq.

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Printed by James Holmes, 4, Took's Court, Chancery Lane.
PUBLISHED BY E. B. INCE, 5, QUALITY COURT, CHANCERY LANE.

MDCCCXXXVIII.

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CASES ARGUED AND DETERMINED

IN THE

Court of Queen's Bench.

MICHAELMAS TERM, 1 VICTORIA.

}

TODD V. JEFFERY.

1837.

have liberty to apply to the full Court, if Nov. 13.

they thought proper to entertain the appliPractice.- Bail Court, Judgment in.

cation. Accordingly, in that term

Wightman obtained from the full Court Where a Judge has given a judgment in a rule nisi, to open the former rule, and the bail court, it will not be reviewed in banc that the plaintiff should be allowed to shew after the term has elapsed in which it has cause against the rule for entering a nonbeen pronounced.

"suit.

Sir W. W. Follett and Butt now shewed In this case there had been a trial before cause, and contended, that the judgment the sheriff of Northamptonshire, in March in the bail court was conclusive. Even 1836, when the plaintiff recovered a ver- the Judge sitting in that court, had no dict, subject to a motion for a nonsuit, on power to direct a reviewal of his judgment the ground, that the plaintiff's particulars in the full Court. did not enable him to give the evidence in [LORD Denman, C.J.-In the same term the cause which he required. In the en- it might be done, because nothing is comsuing term, a rule was obtained before plete until the term is over.] Littledale, J., in the bail court, for enter- Here, however, the term had expired. ing a nonsuit, which was argued in the The King v. the Sheriff of Devon (1) is in same court, before Coleridge, J., in Trinity point. Rossett v. Hartley (2), also, may be term, and made absolute. After that term, referred to. applications were made to two Judges at The Attorney General (amicus Curiæ,)obchambers, on behalf of the plaintiff, to served, that it had been laid down by the stay the proceedings, but they refused to Court, that they had a discretionary power, interfere. In Michaelmas term, Coleridge, and would rehear a case if they deemed it J., in the bail court, was applied to, to al- proper. low the plaintiff to move the full Court to

(1) 2 Ad. & El. 296 ; s. c. 5 Law J. Rep. (N.s.) review his judgment, when he stated, that K.B. 49, n. under the circumstances the plaintiff might (2) 5 Law J. Rep. (N.s.) K.B. 49.

NEW SERIES, VII.-Q.B.

B

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